20.10.2008 15:02:00
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Louis Vuitton is Awarded over $3,500,000 in Damages and Fees in Lawsuit Against LY USA, Marco Leather Goods and Coco USA For Counterfeiting and Infringement
Louis Vuitton Malletier, SA part of LVMH, today announced that the United States District Court for the Southern District of New York has awarded the company $3,000,000 in statutory damages and over $500,000 in attorney’s fees and expenses in its lawsuit against LY USA, Inc., Marco Leather Goods Ltd., Coco USA Ltd. and the principals Chong Lam and Joyce Chan (the "Defendants”) on a joint and several basis, for trademark counterfeiting.
In August of 2008, the Court granted Louis Vuitton’s motion for summary judgment and entered a permanent injunction, having found the Defendants liable for "willful and intentional” counterfeiting and infringement of five of Louis Vuitton’s trademarks. Here is one of the Defendants’ products found to be infringing by the Court and the manufacture and sale of which is now banned by the injunction:
In its October 3, 2008 ruling on the damages for counterfeiting, the Court stated that the Defendants’ failure to produce documents on sales and profits and their "many attempts to register marks closely derived from those of luxury brands…”...invites "an inference of a massive counterfeiting enterprise.” In justifying the size of the award, the Court found the goal of deterring similar conduct by others requires "a substantial award,” and that the Defendants have shown by their willfulness in obstructing the litigation, engaging in discovery abuses, and violating Louis Vuitton’s trademark rights that "a slight damage award is unlikely to deter them from continuing their illegal business.”
Nathalie Moulle-Berteaux, Intellectual Property Director of Louis Vuitton, said, "We are extremely pleased that the Court recognized both the importance of protecting what it called our ‘valuable’ and ‘famous’ trademarks, and the necessity of setting damages at a level that would serve as a deterrent against future illegal counterfeiting and infringement by these Defendants and other similar enterprises. The level of damages awarded by this Court should sound a clear warning to counterfeiters around the world that the U.S. legal system will impose serious financial consequences on those who bring their illegal products and actions to the U.S. Louis Vuitton is gratified by the U.S. Court’s support of our ongoing efforts to combat counterfeiting, and we hope that awareness of the substantial financial penalties at risk will stop current and potential counterfeiters in their tracks.”
About Louis Vuitton Malletier
The world leader in luxury, Louis Vuitton has been synonymous with the art of stylish travel since 1854. Since 1997, with the arrival of the designer Marc Jacobs, it has extended its expertise to women's and men's ready-to-wear, shoes, watches and jewelry, combining traditional craftsmanship with flair and innovation to create a complete lifestyle experience. Since 1987, it has been part of LVMH Moet Hennessy Louis Vuitton, the world's largest and most prestigious luxury goods group.
For more information: www.louisvuitton.com
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